Monday, October 13, 2008

BAR questions

Criminal Law

While Carlos was approaching his car, he saw it being driven away by Paolo, a thief. Carlos tried to stop Paolo by shouting at him, but Paolo ignored him. To prevent his car from being carnapped, Carlos drew his gun, aimed at the rear wheel of the car and fired. The shot blew the tire which caused the car to veer out of control and collide with an oncoming tricycle, killing the tricycle driver.
a. What is the criminal liability of Carlos, if any? 

b. What is the criminal liability of Paolo, if any?

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Jervis and Marlon asked their friend, Jonathan, to help them rob a bank. Jervis and Marlon went inside the bank, but were unable to get any money from the vault because the same was protected by a time-delay mechanism. They contented themselves with the customers’ cellphones and a total of P5,000 in cash. After they dashed out of the bank and rushed into the car, Jonathan pulled the car out of the curb, hitting a pedestrian which resulted in the latter’s death.

a. What crime or crimes did Jervis, Marlon and Jonathan commit? 

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Civil LAw

Roderick and Faye were high school sweethearts. When Roderick was 18 and Faye, 16 years old, they started to live together as husband and wife without the benefit of marriage. When Faye reached 18 years of age, her parents forcibly took her back and arranged for her marriage to Brad. Although Faye lived with Brad after the marriage, Roderick continued to regularly visit Faye while Brad was away at work. During their marriage, Faye gave birth to a baby girl, Laica. When Faye was 25 years old, Brad discovered her continued liason with Roderick and in one of their heated arguments, Faye shot Brad to death. She lost no time in marrying her true love Roderick, without a marriage license, claiming that they have been continuosly cohabiting for more than 5 years.
a. Was the marriage of Roderick and Faye valid?

b. What is the filiation status of Laica?

c. Can Laica bring an action to impugn her own status on the ground that based on DNA results, Roderick is her biological father?

d. Can Laica be legitimated by the marriage of her biological parents?

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Write "TRUE" if the statement is true or "FALSE" if the statement is false. If the statement is FALSE, state the reason. (2% each).
a. Roberta, a Filipino, 17 years of age, without the knowledge of his parents, can acquire a house in Australia because Australian Laws allow aliens to acquire property from the age of 16.

b. If a man commits several acts of sexual infidelity, particularly in 2002, 2003, 2004, 2005, the prescriptive period to file for legal separation runs from 2002.

c. An individual, While single, purchases a house and lot in 1990 and borrows money in 1992 to repair it. In 1995, such individual gets married while the debt is still being paid. After the marriage, the debt is still the responsibility of such individual.

d. The day after John and Marsha got married, John told her that he was impotent. Marsha continued to live with John for 2 years. Marsha is now estopped from filing an annulment case against John.

e. Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met David and they got married when she was 20 years old. David had a son, Julian, with his ex-girlfriend Sandra. Julian and Thelma can get married.

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EL HOMBRE said...

Jervis, Marlon, and Jonathan committed Robbery with Homicide. This special complex crime is committed when by reason or on occasion of the robbery, homicide is committed. In the case at bar, the death of the pedestrian was because or on occasion of the robbery committed by the offenders.
Jervis, Marlon, and Jonathan are guilty of the same crime because there is conspiracy between and among them. When Jervis and Marlon asked Jonathan to help them rob a bank, Jervis and Marlon are actually proposing the commission of a felony to Jonathan, and when Jonathan accepted the proposal, conspiracy resulted. Jonathan’s acceptance of the proposal to rob a bank is shown by the fact that he was at the crime scene helping Jervis and Marlon get away.

RonTuron said...

wowowow! nosebleed ako d2 ah! magaling ka nga sa law! as in magaling! magaling na magaling! gets??? hahahaha

sbb said...

Robbery with homicide. Take note that the car was used as a getaway vehicle and that the pedestrian was hit when Jervis and Marlon were already aboard and they were escaping from the scene of the crime. Use this fact to establish the complex crime of Robbery with homicide, ie, "on occasion of" proviso.

JAJA NOBLE said...

ej..bat gn2? ako..first sentence olng..kya tngnan ko nlng..nyahahahahah..

Gay Iris said...

Oi, tampa attorney! I dint continue my reading coz 1st paragraph pa lng, i felt sleepy na,.hehehe,.joke,.nuay ba ki post about anatomy and physiology?! Paepal!!

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